A wrongful death occurs when someone is killed as the result of another party’s negligent or intentional act. There are several examples of accidents that can cause wrongful deaths. For instance, such deaths may result from car crashes, pedestrian accidents, motorcycle collisions, bicycle accidents, and construction site accidents.
If your family member suffered a wrongful death, then you may be entitled to significant compensation. However, the route to damages in a wrongful death lawsuit can be complex. There are several conditions that must be satisfied when bringing your claim to court. Further, the defendant may employ various strategies to dispute important elements of your case.
Seek support and guidance from our experienced wrongful death attorneys at Legal Care New Jersey by dialing (732) 838-9769 to assess your potential case for free.
Filing Your Wrongful Death Case in Paterson, NJ
According to N.J.S.A. § 2A:31-2, a wrongful death lawsuit has to be filed by the personal representative of the deceased. Typically, the victim’s personal representative is identified in their will or estate plan. However, if the deceased did not choose a personal representative, then one may be appointed by the court.
Even though wrongful death cases must be filed by victims’ personal representatives, there are multiple parties who can recover financial compensation. After a wrongful death, monetary damages may be recovered by the victim’s spouse, children, grandchildren, parents, siblings, nephews, and nieces. If your family member was killed because of another party’s intentional or negligent conduct, then our wrongful death lawyers can analyze your case and explain the proper course of action.
Also, N.J.S.A. § 2A:31-3 sets forth a time window for filing your wrongful death lawsuit. Usually, your case has to be filed within two years of your loved one’s passing. If you do not file your lawsuit in accordance with this deadline, then the defendant will likely move to have your case dismissed. Further, important evidence needed to support your claim can become difficult to collect as time goes on. Accordingly, you should begin working on your potential case as soon as possible. Our legal team can help gather the evidence and file your case on time.
Common Sources of Wrongful Deaths in Paterson, NJ
There are many different types of accidents that can produce wrongful deaths. For example, the following are all common sources of wrongful deaths in Paterson:
Car accidents are a very common source of wrongful deaths. Crashes that result in high speeds are most likely to result in fatal harm. Still, every car accident has the potential to produce catastrophic injuries. If your loved one was killed because of a crash caused by another driver’s negligence, then you may be able to recover monetary damages for their wrongful death.
Motorcycle accidents are another common cause of wrongful deaths in Paterson. Such accidents regularly result in severe injuries and fatalities because riders are not afforded the same protections as those driving standard cars.
There are many forms of negligence that can result in fatal motorcycle crashes. For example, a deadly accident may occur if a driver fails to yield the right of way to a motorcycle. Further, a motorist may cause a rider to suffer a wrongful death by committing an illegal lane change on a highway.
Many wrongful deaths happen as the result of bicycle accidents. A high number of fatal bicycle accidents happen because drivers fail to obey traffic laws. For instance, if a driver fails to maintain a safe distance from a cyclist, then the driver may cause a collision that results in the cyclist’s death.
Truck accidents are another common source of wrongful deaths. After a fatal crash involving a large truck, there are multiple parties who may be at fault.
First, many truck accidents occur as the result of drivers’ negligence. For example, a collision may occur because a tired truck driver veered outside of their lane and struck another car on the highway. Further, a deadly truck accident may happen because a distracted driver ran a red light.
However, many truck accidents also happen because of negligence exhibited by trucking companies. For instance, an accident may occur because a trucking company did not employ proper cargo securement practices. Further, a crash may result from a trucking company’s improper use of tiedowns on their tractor-trailer.
In any case, our team can help determine who is at fault for a fatal truck accident. Afterwards, we will help the potential plaintiff identify the most efficient route to compensation.
Additionally, many wrongful deaths happen because of pedestrian accidents. Pedestrian accidents occur when motor vehicles strike people walking or crossing the road. Many of such accidents happen because drivers fail to yield to pedestrians in crosswalks, drive distracted, and disobey traffic signals. Thankfully, after a fatal pedestrian accident, the at-fault driver may be sued for the wrongful death they caused.
Construction Site Accidents
Construction site accidents can be fatal due to the inherent risks and potential for falls, equipment failures, or negligence in maintaining a safe work environment. If a worker dies as a result of an accident on their worksite, then a wrongful death claim may be pursued.
For example, if a worker falls from an unsecured height because they were equipped with defective safety equipment, then their loved ones may be awarded damages in a wrongful death lawsuit. If your family member suffered a deadly accident on a construction site, then our legal team will evaluate the strength of your potential case.
Slip and Fall Accidents
Finally, slip and fall accidents can result in fatal injuries, especially in cases where the property owner fails to address dangerous conditions and provide adequate warnings. If someone slips and is killed as the result of a property owner’s negligence, then their family may be entitled to monetary damages in a wrongful death lawsuit. For instance, if a person slips on a wet floor in a supermarket, hits their head, and dies as a result of the injuries, then a wrongful death lawsuit may be filed.
If You Need to File a Wrongful Death Case in Paterson, NJ, Our Law Firm Can Help
Seek assistance from our wrongful death lawyers at Legal Care New Jersey today by calling (732) 838-9769.